News Update - March 12, 2011
By Alan Lee, Esq.†‡
Obama Administration Stance on Not Supporting Defense of Marriage Act May Have Immigration Consequences; Latest Count on Illegals in U.S.; U.S.I.C.E. Auditing Many Companies; Change of Address Notices for Aliens to be Sent to New Location.
The Obama Administration decided on February 23, 2011, to no longer defend the Defense of Marriage Act (DOMA), the 1996 law barring federal recognition of same-sex marriages, because the Administration believes that it is unconstitutional. The issue in the case was whether gay couples in the eight states that already legally recognize same-sex marriages may be discriminated against by the federal government. The specific facts involved the treatment to a survivor vis-a-vis the amount of tax which would have to be paid to inherit. The survivor in a recognized marriage would pay nothing while a survivor in a non- recognized marital relationship would pay much tax. The survivor was seeking the return of estate taxes paid because the government did not recognize her marriage when her wife died two years ago. However, this new position by the Administration also raises the more fundamental question of whether same-sex couples should have the right to marry, and the possibility of challenging immigration laws to make it easier to petition for married partners in the future.
The latest count shows that there are approximately 11.2 million illegals in the United States. According to the Pew Hispanic Center in a report on February 1, 2011, there was no evidence that illegal immigrants were leaving the U.S. in large numbers.
U.S. ICE (Immigration and Customs Enforcement) is presently conducting I-9 audits on as many as 1000 companies. This along with increased use of E-Verify is putting employers on edge. (E-Verify is an internet based system operated by DHS in partnership with the Social Security Administration which allows participating employers to electronically verify the employment eligibility of newly hired employees and is administered by U.S.C.I.S. At present, about 11% of 7.7 million employers nationwide use the E-Verify program). The audits are U.S. ICE's largest operation since 2009. In I-9 audits, employers are given three days' notice that they will be audited, at which time they must produce the I-9 employment eligibility verification forms which they were required to complete for each worker within three days of hiring.
U.S.C.I.S. is changing the filing location for all change of address forms (AR-11) as of March 15, 2011. Such notices should now be sent to
DHS-U.S.C.I.S.
Harrisonburg File Storage Facility
Attn: AR-11
1344 Pleasants Drive,
Harrisonburg, Va. 22801
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